RAMA MOORTHY D Vs. FOOD INSPECTOR VADAKARA

JUDGEMENT

(1.) 'Delay' often comes through different corridors to rescue accused from the net of law in the way of criminal prosecution. It is utmost condemnable as well as agonizing, when the 'delay' comes through a corridor conveniently kept opened by the prosecution itself, deprives or denies a statutory right of defence of the accused to disprove prosecution evidence against him and thereby makes premature termination of the prosecution of a heinous crime affecting public health, inevitable to prevent abuse of the process of the court. The petitioner is the Managing Director of an Oil Company Limited which is the manufacturer of well known edible oil by name "Supreme Vanaspathi". He is the 3rd accused in S.T.No. 562/2003 on the file of the Judicial First Class Magistrate Court, Perambra. The above case was registered on a private complaint filed on 3.6.2003 by the 1st respondent herein, the Food Inspector, Perambara, alleging offences punishable under Section 16(1)(a)(i) read with Section 7(i) and Section 2(ia)(a)(m) of the Prevention of Food Adulteration Act (Act 37 of 1954 as amended) and the Rules framed there under. The complaint was marked as Annexure-A.

(2.) Complainant's case

(3.) Grounds: